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Judicial Review - How much of a political role does the judiciary have in the U.S and the U.K?

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  • Essay length: 1008 words
  • Submitted: 13/08/2003
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University Degree English Legal System

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Judicial Review

How much of a political role does the judiciary have in the U.S and the U.K?

Before analysing the positions that the two institutions hold politically, it may be best to define what we mean by political. Acting with political interests in mind is to have ones own agenda in place when applying the law to a circumstance rather than to question what is morally right constitutionally or in the U.K, what is right according to the Human Rights Act 2000. Justices who do not cloud their minds with partisanship are carrying out a judicial role.

In both countries there is a political element to the judiciary's appointment, in the U.S justices are appointed by the President and must have ratification from the senate whereas in the U.K the Lord Chancellor appoints judges as part of his/her prerogative powers on behalf of the monarch, his choice needs no ratification. It could be said that as the Lord Chancellor's decision needs no ratification and the Prime Minister essentially controls the Lord Chancellor's decision, this inevitably fuels the political driving force behind the Law Lords to a greater extent than in the U.S where the President

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